Petition filed under Section 438 Cr.P.C. 2. Petitioners are A1, A3 and A2 respectively in Crime No.2088 of 2014 of North Paravoor Police Station, registered for the offences punishable under Sections 427, 447 and 506(ii) IPC read with Section 34 IPC and Section 3 of the Prevention of Damage to Public Properties Act, 1984.
3. The allegation against the petitioners is that on 11.11.2014 at 6 p.m., they trespassed into the Dr.Ambedhkar Park, North Paravoor and damaged three granite slabs kept near the gate and attacked the persons, who tried to obstruct the said acts of the petitioners, thereby voluntarily causing hurt and criminally intimidated them.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. The contents of the CD prima facie reveal the complicity of the petitioners. At the same time, no criminal antecedents have been reported against the petitioners. The custodial interrogation of the petitioners is not required for the continued investigation of this case. At the same time, it has been reported that the damage sustained to the Government on account of the destruction of the public property is quantified as ₹23,293/-. By making a provision for compensating the Government for the loss sustained, I am of the view that anticipatory bail can be granted to the petitioners.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) Each of the petitioners shall deposit an amount of ₹7,500/- (Rupees seven thousand five hundred only) before the court below within a week from today.
(ii) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays, commencing from 29.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(iii) The petitioners shall not tamper with the evidence or influence witnesses.
(iv) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(v) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE DSV/26/11 // True Copy // P.A. To Judge